15 U.S.C. § 717h

Rates of depreciation

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(a) Depreciation and amortization

The Commission may, after hearing, require natural-gas companies to carry proper and adequate depreciation and amortization accounts in accordance with such rules, regulations, and forms of account as the Commission may prescribe. The Commission may from time to time ascertain and determine, and by order fix, the proper and adequate rates of depreciation and amortization of the several classes of property of each natural-gas company used or useful in the production, transportation, or sale of natural gas. Each natural-gas company shall conform its depreciation and amortization accounts to the rates so ascertained, determined, and fixed. No natural-gas company subject to the jurisdiction of the Commission shall charge to operating expenses any depreciation or amortization charges on classes of property other than those prescribed by the Commission, or charge with respect to any class of property a percentage of depreciation or amortization other than that prescribed therefor by the Commission. No such natural-gas company shall in any case include in any form under its operating or other expenses any depreciation, amortization, or other charge or expenditure included elsewhere as a depreciation or amortization charge or otherwise under its operating or other expenses. Nothing in this section shall limit the power of a State commission to determine in the exercise of its jurisdiction, with respect to any natural-gas company, the percentage rates of depreciation or amortization to be allowed, as to any class of property of such natural-gas company, or the composite depreciation or amortization rate, for the purpose of determining rates or charges.

(b) Rules

The Commission, before prescribing any rules or requirements as to accounts, records, or memoranda, or as to depreciation or amortization rates, shall notify each State commission having jurisdiction with respect to any natural-gas company involved and shall give reasonable opportunity to each such commission to present its views and shall receive and consider such views and recommendations.

(June 21, 1938, ch. 556, § 9, 52 Stat. 826.)

Notes of Decisions

Cited in 7 cases, 1958–1981 · leading case: Fed. Power Comm'n v. Memphis Light, Gas & Water Div., 411 U.S. 458 (1973).

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Fed. Power Comm'n v. Memphis Light, Gas & Water Div., 411 U.S. 458 (1973). “Finally, under § 9 (a), 15 U. S. C. § 717h (a), the Commission may “require natural-gas companies to carry proper and adequate depreciation and amortization accounts in accordance with such rules, regulations, and forms of account as the Commission may prescribe.”

The Nat'l Ass'n for the Advancement of Colored People v. The Fed. Power Comm'n, 520 F.2d 432 (D.C. Cir. 1975). “See 15 U.S.C. §§ 717h, 717, 717m(b), 717o, 717p(b).”

Tennessee Gas Pipeline Co. v. Fed. Energy Regulatory Comm'n, 606 F.2d 1094 (D.C. Cir. 1979). “The “used and useful” standard was expressly incorporated into the depreciation provisions of section 9 of the Natural Gas Act, 15 U.S.C. § 717h (1976), which provide in part: “The Commission may from time to time ascertain and determine, and by order fix, the proper and…”

South Dakota Pub. Utils. Comm'n v. Fed. Energy Regulatory Comm'n, 668 F.2d 333 (8th Cir. 1981). · cites it 2× “Section nine of the Act, 15 U.S.C. § 717h, authorizes the FERC to determine “proper and adequate rates of depreciation” for natural gas companies within its jurisdiction.”

Alaska Airlines, Inc. v. Civil Aeronautics Bd., Am. Airlines, Inc. v. Civil Aeronautics Bd., 257 F.2d 229 (D.C. Cir. 1958). “826 , 15 U.S.C.A. § 717h(a). 3 . 54 Stat. 927 , 49 U.”

South Dakota Pub. Utils. Comm'n v. Fed. Energy Regulatory Comm'n, 643 F.2d 504 (8th Cir. 1981). · cites it 2× “” Section nine, 15 U.S.C. § 717h, gives the FERC the authority to determine “proper and adequate rates of depreciation” for natural gas companies within its jurisdiction.”

Memphis Light, Gas & Water Div. v. Fed. Power Comm'n, 504 F.2d 225 (D.C. Cir. 1974). · cites it 2× “*160 15 U.S.C. § 717h(a) (1970). Pursuant to the above-quoted provision of the Act, the Commission has adopted and published a Uniform System of Accounts for Natural Gas Companies which defines depreciation as: the loss in service value not restored by current maintenance,…”

— 15 U.S.C. § 717h(a) — 2 cases

Alaska Airlines, Inc. v. Civil Aeronautics Bd., Am. Airlines, Inc. v. Civil Aeronautics Bd., 257 F.2d 229 (D.C. Cir. 1958). “826 , 15 U.S.C.A. § 717h(a). 3 . 54 Stat. 927 , 49 U.”

Memphis Light, Gas & Water Div. v. Fed. Power Comm'n, 504 F.2d 225 (D.C. Cir. 1974). “*160 15 U.S.C. § 717h(a) (1970). Pursuant to the above-quoted provision of the Act, the Commission has adopted and published a Uniform System of Accounts for Natural Gas Companies which defines depreciation as: the loss in service value not restored by current maintenance,…”

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